Do I have to fix appliances?
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Do I have to fix appliances?
The lease the tenants signed states: “APPLIANCES: Although there may be appliances in the dwelling, such as a refrigerator, stove, dishwasher, clothes washer, dryer, or garbage compactor, the use of these appliances is not included in the rent. If Tenants wish to use these appliances, they agree to assume all responsibility for care and maintenance. If Tenants wish to use their own appliances, they may request that the Owners’ appliances be removed from the premises.†The tenants say that the dishes are not being washed properly. Who is responsible for repairs?
Asked on August 23, 2012 under Real Estate Law, New Mexico
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
From what you write, it appears that the landlord does not have to pay to repair the appliances--the tenants do, if they want these appliances to work. Alternately, the tenants could have the landlord remove the landlord's appliances and move in their own. Ordinarily, landlords are reponsible for the appliances (at least to the extent the tenants do not intentionally or negligently damage them), but that can be altered by lease or contract, as it appears to have been altered here.
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